Please carefully read the following Terms of Use before using the Neutratone.com website. Individuals must be 18 years of age or older to use this website and you warrant that you are 18 years of age or older. By accessing and/or using our website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use this site. Neutratone Products, LLC reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.
Copyright
All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Neutratone Products, LLC or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Neutratone.com is also the exclusive property of Neutratone Products, LLC and protected by U.S. and international copyright laws. All software used on Neutratone.com is the property of Neutratone Products, LLC or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Neutratone.com for the sole purpose of placing an order with Neutratone.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Neutratone.com is strictly prohibited.
Trademarks
All trademarks, logos, service marks and trade names on this website are proprietary to Neutratone Products, LLC or other respective owners that have granted Neutratone Products, LLC the right and license to use such intellectual property. Unauthorized use thereof, whether or not such use is tied to any commercial endeavors, is strictly prohibited.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on Neutratone.com, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEUTRATONE PRODUCTS, LLC AND ITS PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Neutratone Products, LLC and its suppliers do not represent or warrant that the information accessible via Neutratone.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Product Information
Most of the products displayed on our website are available in Neutratone-affiliated salons in the United States while supplies last. In some cases, merchandise displayed for sale on Neutratone.com may not be available in stores. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website.
User’s Testimonials
You will retain your ownership interest in all reviews, comments or other submissions (“User Materials”) that you provide to Neutratone Products, LLC on or about this site, or otherwise submitted in connection with your use of the website or Neutratone, LLC’s products or services. Notwithstanding the foregoing, you hereby grant to Neutratone Products, LLC and its agents, affiliates, suppliers, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all such User Materials in any manner and for any purpose. All such User Materials are, and will be treated as, non-confidential and non-proprietary. Neutratone Products, LLC may not be able to review all User Materials submitted and nothing herein requires Company to use, review or distribute User Materials provided by a user. You represent and warrant that prior to submission, you own the User Materials submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said User Materials on this website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Further, by providing User Materials, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Neutratone, LLC, together with the Released Parties, harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the User Materials.
Neutratone, LLC’s Electronic Communications to You
You agree that Neutratone Products, LLC is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the Neutratone.com site or Neutratone, LLC’s products or services, or for such other lawful purpose(s) as Neutratone Products, LLC deems appropriate.
Links to Other Web Sites
This website may contain links to websites other than our own. Neutratone Products, LLC does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Neutratone Products, LLC does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Neutratone Products, LLC endorses or otherwise recommends such sites or the products or services offered.
Limitation of Liability
IN NO EVENT SHALL NEUTRATONE PRODUCTS, LLC OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF NEUTRATONE PRODUCTS, LLC OR THE RELEASED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS OF USE, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Applicable Law
The Neutratone.com website is created and controlled by Neutratone Products, LLC in the State of New York, U.S. As such, the laws of the State of New York will govern these Terms of Use without giving effect to any principles of conflict of law.
Arbitration
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of New York, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Nassau, State of New York. You and Neutratone Products, LLC are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the official rules and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Neutratone Products, LLC shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
You may opt out of the arbitration provision contained in this agreement by notifying Neutratone Products, LLC in writing at admin2@Neutratone.com within 30 calendar days from the date of first use of the Site of your election to opt-out.
Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Digital Millennium Copyright Act
Neutratone Products, LLC as an interactive service provider and is not liable for any and all claims resulting from the use of User Material. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized User Material has been posted on this website, please notify us by by email at customerservice@Neutratone.com with the subject line stating “Copyright.” The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) and the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
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